Wrongful Termination in Maine (2026): Laws, Deadlines, How to File

Maine is an employment-at-will state, so a firing is wrongful only when it breaks a specific law or an express contract term. The Maine Law Court held in Larrabee v. Penobscot Frozen Foods, Inc. (1984) and Bard v. Bath Iron Works Corp. (1991) that a job of indefinite duration can be ended by either party unless the contract clearly limits the employer to stated grounds such as "for cause."

The main state law is the Maine Human Rights Act, which makes it unlawful under 5 M.R.S. 4572(1)(A) "to discharge an employee" because of a protected characteristic, and which applies to employers with any number of employees. A complaint goes to the Maine Human Rights Commission within 300 days. To compare other states, see our guide to wrongful termination laws by state.

Information last verified on October 10, 2026. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Maine law on firing employees: the Maine Human Rights Act (5 M.R.S. chapter 337, including 4553, 4572, 4611, 4612, 4613 and 4622), the Whistleblowers' Protection Act (26 M.R.S. 831-840), and Maine statutes on workers' compensation, jury service, family medical leave, drug testing, termination reasons and personnel files, with short notes on the federal laws that also apply. The federal rules in full are on our wrongful termination laws by state guide. It does not cover severance agreements; see Maine severance pay laws.

Is Maine an at-will state?

Yes, unless a contract says otherwise. In Larrabee, the Law Court said that "parties may enter into an employment contract terminable only pursuant to its express terms," such as for cause, "by clearly stating their intention to do so." Bard restated the rule: a contract of indefinite duration "may be terminated at will by either party" unless it "expressly restrict[s] the employer's common law right to discharge the employee at will and clearly limit[s] the employer to the enumerated method or methods of terminating the employment."

Maine has no statute requiring just cause for private-sector firings. For how the doctrine works day to day, see Maine at-will employment laws.

Grounds for a wrongful termination claim in Maine

Discrimination under the Maine Human Rights Act

Under 5 M.R.S. 4572(1)(A), it is unlawful employment discrimination for an employer to discharge an employee because of "race or color, sex, sexual orientation or gender identity, physical or mental disability, religion, age, ancestry, national origin or familial status." The same paragraph also protects an employee because of a previous assertion of a claim or right under the workers' compensation laws (former Title 39 or Title 39-A), previous actions protected under the Whistleblowers' Protection Act, and having sought and received an order of protection under Title 19-A.

Who is covered. Under 5 M.R.S. 4553(4), "employer" includes any person in Maine employing any number of employees. Religious and fraternal nonprofit organizations are excepted as to members of the same faith, except for disability. Federal law reaches fewer employers: Title VII applies to employers with 15 or more employees and the federal age law to employers with 20 or more (42 U.S.C. 2000e(b); 29 U.S.C. 630(b)). Federal law also bars firing someone for being gay or transgender: in Bostock v. Clayton County, 590 U.S. 644 (2020), the U.S. Supreme Court held that this is sex discrimination under Title VII.

Retaliation. 5 M.R.S. 4572(1)(E) and 4633(1) bar retaliation against a person for opposing a practice the Act makes unlawful or for participating in a proceeding under it. Maine's equal pay law separately bars firing an employee for acting to enforce it (26 M.R.S. 628).

Who can be sued. The Commission's FAQ says the Law Court has held that only the employer, not individual supervisors, can be held liable for employment discrimination under the Act. The same FAQ notes that a supervisor might be held individually liable for interfering with MHRA rights by taking discriminatory or retaliatory action outside the scope of the supervisor's usual responsibilities.

No common-law public-policy tort (as of Bard)

Maine had not adopted a common-law tort for firings that violate public policy as of 1991. In Bard, the Law Court wrote that "this court has yet to recognize a common law cause of action for wrongful discharge," rejecting an argument built on the savings clause of the Whistleblowers' Protection Act. In Larrabee, the court wrote: "We do not rule out the possible recognition of such a cause of action when the discharge of an employee contravenes some strong public policy," but it did not recognize one on those facts.

Our research reviewed Law Court decisions through Bard and did not review later decisions on this question. In practice, Maine enforces public policy in the workplace through statutes: the Human Rights Act, the Whistleblowers' Protection Act and the workers' compensation anti-discrimination section described below.

Express for-cause contracts

A written or oral agreement can change the at-will default, but only if it clearly limits the employer's right to fire, as Larrabee and Bard require. Our research did not cover how Maine courts treat employee handbooks or handbook disclaimers.

Good faith and fair dealing. In Bard, the employee asked the court to imply a covenant of good faith and fair dealing into an employment contract where public policy is violated. The court answered: "We decline his invitation. As noted above, we have consistently refused to recognize implied promises in employment contracts of indefinite duration."

Whistleblowing (26 M.R.S. 833)

Maine's Whistleblowers' Protection Act covers any employer with one or more employees (26 M.R.S. 832(2)). Under 26 M.R.S. 833(1), "No employer may discharge, threaten or otherwise discriminate against an employee regarding the employee's compensation, terms, conditions, location or privileges of employment because" the employee, acting in good faith, did one of the protected things the section lists. They include:

• reporting to the employer or a public body what the employee has reasonable cause to believe is a violation of a law or rule, or a risk to health or safety;
• being asked to take part in an investigation;
• refusing a directive to violate a law or to expose anyone to serious injury or death, after seeking correction; and
• in patient care, reporting a deviation from the standard of care.

There is a notice step. Under 833(2), when the report went to a public body, the employee must first have brought it to a supervisor and allowed a reasonable opportunity to correct it, unless there is specific reason to believe that would not work.

How the claim is brought. The Act's former civil-action and remedy sections are repealed. Under 26 M.R.S. 834-A, an employee who alleges a violation and complied with 833(2) "may bring a complaint before the Maine Human Rights Commission for action under Title 5, section 4612." The Whistleblowers' Protection Act itself states no filing deadline; the Human Rights Act's 300-day limit in 5 M.R.S. 4611 governs complaints filed with the Commission. Because 5 M.R.S. 4572(1)(A) also makes it unlawful discrimination to fire an employee for actions the Whistleblowers' Protection Act protects, the Human Rights Act's court route applies as well: a suit in Superior Court under 5 M.R.S. 4621 within the 4613(2)(C) period, subject to the 4622 rule that attorney's fees and compensatory and punitive damages require a prior Commission complaint. For more, see Maine whistleblower laws.

Workers' compensation retaliation (39-A M.R.S. 353)

Under 39-A M.R.S. 353, "An employee may not be discriminated against by any employer in any way for testifying or asserting any claim under this Act." The employee files a petition, an administrative law judge holds a formal hearing, and if the employee prevails the judge "may award the employee reinstatement to the employee's previous job, payment of back wages, reestablishment of employee benefits and reasonable attorney's fees."

Section 353 applies to the employer against whom the employee testified or asserted the claim. Discrimination by a different employer because of a past claim falls under 5 M.R.S. 4572(1)(A), which states that its paragraph "does not apply to discrimination governed by Title 39-A, section 353." Section 353 states no filing deadline in the text we reviewed, so act promptly. For the benefits side, see Maine workers' compensation laws.

Jury service (14 M.R.S. 1218)

An employer may not take away an employee's job or health insurance coverage because the employee receives or responds to a jury summons or serves as a juror; a violation is a Class E crime. The employee "may bring a civil action within 90 days" for lost wages or health insurance benefits and for an order of reinstatement. "Damages recoverable for wages may not exceed lost wages for 6 weeks," and a prevailing employee recovers a reasonable attorney's fee.

Family medical leave (26 M.R.S. 843-848)

An employee who has worked 12 consecutive months for the same employer is entitled to up to 10 work weeks of unpaid family medical leave in any 2 years, "unless employed at a permanent work site with fewer than 15 employees" (26 M.R.S. 844(1)). An employer may not "discharge, fine, suspend, expel, discipline or in any other manner discriminate against any employee for exercising any right" under the law, or for opposing a practice it makes unlawful (26 M.R.S. 847(2)-(3)).

Under 26 M.R.S. 848, the employee may sue in the appropriate court. The court may award lost wages and benefits or liquidated damages of $100 per day, an additional equal amount if the violation was willful, and "shall award reasonable attorney's fees." Section 848 states no limitations period.

Paid family and medical leave. Under 26 M.R.S. 850-J, an employee employed at least 120 days is restored to the same or an equivalent position after leave, and an employer may not discharge, discipline or threaten an employee for exercising a right under the program. The section says "The department shall take enforcement action against an employer for a violation of this section"; it states no private lawsuit.

Earned paid leave. Maine's earned paid leave section for employers with more than 10 employees (26 M.R.S. 637) is enforced by the Bureau of Labor Standards and contains no retaliation or discharge clause in the text we reviewed. A separate section, 26 M.R.S. 620, sets a fine of $500 to $1,000 for an employer action intended to prevent or penalize a person from exercising rights protected under that chapter of Title 26, enforced by the Department of Labor and the Attorney General. Section 620 and the earned paid leave section are both in chapter 7 of Title 26, so by its terms section 620 reaches action intended to penalize an employee for using earned paid leave, and it does not limit an individual's other remedies in a separate legal action.

Leave for victims of violence (26 M.R.S. 850). Every Maine employer, public or private, must grant reasonable and necessary leave so an employee can attend court, get medical treatment or obtain services when the employee or the employee's child, parent or spouse is a victim of domestic violence, sexual assault, stalking or other listed violence, and "may not sanction an employee or deprive an employee of pay or benefits for exercising a right granted by this section." If notice of a violation is given to the employer and the Maine Department of Labor within 6 months, the department may assess fines, and an employee fired for using the leave may elect liquidated damages or reemployment with back wages (26 M.R.S. 850(3)).

Drug and alcohol testing (26 M.R.S. 689)

An employer that violates Maine's substance use testing law "is liable to any employee subjected to discipline or discharge based on that violation" for three times any lost wages, reinstatement, court costs and reasonable attorney's fees (26 M.R.S. 689(1)). Before acting on a first confirmed positive result, an employer generally must offer the employee up to 12 weeks in a rehabilitation program, with exceptions (26 M.R.S. 685(2)(B)).

Medical cannabis, tobacco, military service and emergency responders

• Medical cannabis. 22 M.R.S. 2430-C(3) provides: "A school, employer or landlord may not refuse to enroll or employ or lease to or otherwise penalize a person solely for that person's status as a qualifying patient or a caregiver unless failing to do so would put the school, employer or landlord in violation of federal law or cause it to lose a federal contract or funding." The adult-use law does not require an employer to accommodate cannabis in the workplace and lets an employer discipline employees "who are under the influence of cannabis in the workplace" (28-B M.R.S. 112); it contains no off-duty-use protection.
• Tobacco. An employer may not require employees to refrain from using tobacco outside the course of employment, or discriminate against them for it, as long as they follow the workplace tobacco policy (26 M.R.S. 597).
• National Guard and Reserves. Members are entitled to military leave and to reinstatement "at the same pay, seniority, benefits and status" (26 M.R.S. 811), and 37-B M.R.S. 342(5) makes it unlawful for any public or private employer to penalize a member with regard to tenure and other terms of employment. An employee or the Attorney General may sue for damages or equitable relief for a violation of sections 811 or 812, and the court may award attorney's fees to a prevailing Guard or Reserve member (26 M.R.S. 813); section 813 states no filing deadline.
• Firefighters and EMS responders. An employer may not discharge or discipline an employee who is late or absent because the employee was responding to an emergency as a firefighter or emergency medical services person and reported for work as soon as reasonably possible (26 M.R.S. 809(2)). The protection applies only if the department has a written release policy and the employee gave the employer a copy within 30 days of disclosing responder status, and it has exceptions for some essential workers and written agreements. Suit must be filed in Superior Court within one year; on request the court orders reinstatement and back pay (26 M.R.S. 809(4)).

Wrongful termination deadlines in Maine

The EEOC deadline in Maine. The EEOC's Boston Area Office, which serves Maine, says an individual has 300 days from the date of alleged harm to file a charge against a Maine employer with 15 or more employees, and 300 days for age discrimination against an employer with 20 or more. It says charges against smaller employers must be filed with the state or local agency within the time state law sets. In Maine that is the Human Rights Commission, which takes complaints against employers of any size within 300 days (5 M.R.S. 4611).

Where to file in Maine

• Discrimination, retaliation and whistleblower complaints: the Maine Human Rights Commission. Its FAQ says the 300-day period for most claims runs from when a reasonable person would have become aware of the facts supporting a claim. Our research did not confirm how the Commission and the EEOC cross-file charges, so ask when you file.
• Federal claims: the EEOC, through the EEOC Public Portal or by phone at 1-800-669-4000 when a deadline is near.
• Workers' compensation discrimination: a petition under 39-A M.R.S. 353, heard by an administrative law judge.
• Jury-service, family medical leave, drug-testing and contract claims: court.

Why filing with the Commission first matters

A Human Rights Act suit is brought in Superior Court (5 M.R.S. 4621). But under 5 M.R.S. 4622(1), attorney's fees, civil penal damages, and compensatory and punitive damages "may not be awarded to a plaintiff in a civil action under this Act unless the plaintiff alleges and establishes that, prior to the filing of the civil action, the plaintiff first filed a complaint with the commission." The Commission must also have dismissed the complaint, failed to reach a conciliation agreement within 90 days after a reasonable-grounds finding, issued a right-to-sue letter, or dismissed the complaint in error.

Under 4612(6)(A), once 180 days have passed since filing and the Commission has not sued or reached a conciliation agreement, the complainant may request a right-to-sue letter and "the commission shall issue" it. An earlier letter requires good cause certified by the executive director (4612(6)(B)).

What a court can award in Maine

Under 5 M.R.S. 4613(2)(B), the judgment "must specify an appropriate remedy." Remedies may include an order to stop the practice and "An order to employ or reinstate a victim of unlawful employment discrimination, with or without back pay." For intentional employment discrimination by an employer with more than 14 employees, the court may also award compensatory and punitive damages; punitive damages require "malice or with reckless indifference to the rights of an aggrieved individual," and they are not available against a governmental entity.

The combined total of future financial losses, emotional-distress-type damages and punitive damages, per complaining party, is capped by employer size (5 M.R.S. 4613(2)(B)(8)(e)):

Compensatory damages "do not include back pay, interest on back pay or any other type of relief authorized elsewhere," so back pay sits outside the cap. A jury may hear the case, but the court may not tell the jury about the caps. For employers with 14 or fewer employees, the court may instead order civil penal damages of up to $20,000 for a first order under the Act against the employer, $50,000 for a second and $100,000 for a third or later order under the same subchapter (5 M.R.S. 4613(2)(B)(7)).

Under 5 M.R.S. 4614, "the court, in its discretion, may allow the prevailing party reasonable attorney's fees and costs." Maine's caps are higher than the federal Title VII and ADA caps of $50,000 to $300,000 (42 U.S.C. 1981a(b)(3)); the wrongful termination guide lists the federal tiers.

Reasons for termination and personnel files

Written reasons. Under 26 M.R.S. 630, "An employer shall, upon written request of the affected employee, give that employee the written reasons for the termination of that person's employment." An employer that does not do so within 15 days of receiving the request may be subject to a forfeiture of $50 to $500, and the employee may seek equitable relief in District or Superior Court, with costs and fees if the employee wins. In Larrabee, the Law Court declined to imply a private damages action from section 630.

Personnel file. On written request, an employee or former employee may review and copy the personnel file, with one free copy of the entire file per calendar year (26 M.R.S. 631). An employer that fails without good cause to comply within 10 days of receiving the request faces a civil forfeiture of $25 per day, up to $500.

Our research did not cover a Maine test for constructive discharge (quitting because conditions became intolerable).

Recent changes to the Maine Human Rights Act

Public Law 2023, chapter 263 (L.D. 1423) amended the subsection of 5 M.R.S. 4613 containing the current $100,000 to $1,000,000 damages tiers, and Public Law 2023, chapter 255 (L.D. 1001) added the right-to-sue-on-request rule in 4612(6) and amended 4622; both took effect October 25, 2023. Public Law 2025, chapter 269 (L.D. 1898, "An Act to Correct Outdated References Regarding the Maine Human Rights Act") amended 4572(1), effective September 24, 2025. We found no enacted change to the 300-day complaint deadline or the 2-year suit period.

Practical steps after a firing in Maine

Write down the date you were fired, who told you, the reason given, and any complaint, report, injury claim, leave or jury summons involved. Send a written request for the reasons for your termination (26 M.R.S. 630) and for your personnel file (26 M.R.S. 631), and keep copies. The deadline to watch for a discrimination or whistleblower claim is 300 days for the Commission complaint. For your last wages, see Maine final paycheck laws.

If the employer offers money for a release, read it before signing: a release can give up the claims described here. Our Maine severance pay laws page covers those agreements, and the wrongful termination guide has more on preparing for a claim.

Related

• Wrongful termination laws by state
• Maine at-will employment laws
• Maine whistleblower laws
• Maine workers' compensation laws
• Maine final paycheck laws
• Maine severance pay laws

Disclaimer: This article provides general legal information about Maine wrongful termination law (the Maine Human Rights Act, the Whistleblowers' Protection Act, the Larrabee and Bard decisions, and 39-A M.R.S. 353, 14 M.R.S. 1218, 26 M.R.S. 630, 631 and 843-848) and the federal laws that apply in Maine. It is not legal advice. The information was verified on October 10, 2026. For advice about your situation, contact the Maine Human Rights Commission, the EEOC, a legal aid office or a lawyer licensed in Maine.

Last updated: October 10, 2026.

Frequently Asked Questions

Can I sue for wrongful termination in Maine?

Only when the firing broke a specific law or an express contract term. The main routes are the Maine Human Rights Act (5 M.R.S. 4572), the Whistleblowers' Protection Act (26 M.R.S. 833), workers' compensation and leave statutes, and a contract that clearly limits firing to specified reasons (Larrabee, 1984).

How long do I have to file with the Maine Human Rights Commission?

Not more than 300 days after the alleged act of unlawful discrimination (5 M.R.S. 4611). The Commission's FAQ says the period for most claims runs from when a reasonable person would have become aware of the facts supporting a claim.

Does the Maine Human Rights Act cover small employers?

Yes. 5 M.R.S. 4553(4) defines an employer to include any person in Maine employing any number of employees. Employer size matters for the compensatory and punitive damages tier, which applies to employers with more than 14 employees (5 M.R.S. 4613(2)(B)(8)).

When can I get a right-to-sue letter in Maine?

After 180 days from filing, if the Commission has not sued or reached a conciliation agreement, it must issue the letter on request; earlier issuance requires good cause certified by the executive director (5 M.R.S. 4612(6)).

What is the deadline to file a lawsuit under the Maine Human Rights Act?

The later of 2 years after the act of discrimination or 90 days after the Commission dismisses the complaint, fails to conciliate within 90 days after a reasonable-grounds finding, or issues a right-to-sue letter (5 M.R.S. 4613(2)(C), 4622(1)).

Is there a cap on discrimination damages in Maine?

Yes. Combined compensatory and punitive damages per complaining party are capped at $100,000 (15 to 100 employees), $300,000 (101 to 200), $500,000 (201 to 500) and $1,000,000 (more than 500), and back pay is not counted (5 M.R.S. 4613(2)(B)(8)).

Does Maine recognize wrongful discharge in violation of public policy?

In Bard v. Bath Iron Works (1991) the Law Court wrote that it had yet to recognize a common-law cause of action for wrongful discharge. Larrabee (1984) left open recognition where a discharge contravenes some strong public policy.

Can my employer refuse to tell me why I was fired in Maine?

Not if you ask in writing. 26 M.R.S. 630 requires the employer to give the written reasons for the termination on written request, and an employer that does not do so within 15 days may face a forfeiture of $50 to $500.

How do I file a whistleblower retaliation claim in Maine?

26 M.R.S. 834-A lets an employee who alleges a violation of the Whistleblowers' Protection Act bring a complaint before the Maine Human Rights Commission, which handles it under 5 M.R.S. 4612. A report to a public body is generally protected only if the employee first gave the employer a chance to fix the problem (26 M.R.S. 833(2)). Because firing for whistleblowing is also unlawful discrimination under 5 M.R.S. 4572(1)(A), a Human Rights Act lawsuit is possible too, but attorney's fees and most damages require filing with the Commission first (5 M.R.S. 4622(1)).